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I think STATUS_ROLLEDBACK is fine as well because the API for STATUS_ROLLEDBACK says,
A transaction is associated with the target object and the outcome has been determined to be rollback. It is likely that heuristics exist; otherwise, the transaction would have been destroyed and NoTransaction returned.
Just tried it with Glassfish and the status that it gets in this situation is Status.STATUS_MARKED_ROLLBACK.
And if the client only marks as rollback, then it can never be Status.STATUS_ROLLEDBACK at this point because no commit or rollback was attempted. The transaction is either active or marked for rollback.